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71 Miss. 345

Thomas v. State

Mississippi Supreme Court

Decided October 15, 1893

Mississippi Supreme Court · decided 1893-10-15

From the circuit court of the second district of Marion county. IIon. S. II. Terral, Judge. John Thomas, a colored man, was eoiivicted of the murder of John McClendon, and sentenced to the penitentiary for life.

Cited by 1 later decisions — most recently February 1968

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1893-10-15

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Campbell, C. J.,

¶1delivered the opinion of the court.

¶2The fatal defect in the case of the appellant is that there is no evidence that he was “goosed” when he killed his victim, and, however effective this strange defense might be if sustained by evidence, it is of no avail in the absence of any such evidence. The complaint about venue is without merit. The instructions are all right.

¶3*347The penitentiary is the proper place for one so easily, and liable to be so frequently, incited by uncontrollable impulse to do violence to one in front of him.

¶4Affirmed.

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